Mr. Eilbott rejoined the Firm in 1999, having originally worked as a law clerk for the Firm during his second and third years of law school, and for two years as an associate after having graduated from law school in 1986. His practice has concentrated on counseling, regulatory affairs, litigation and lobbying in three areas: intellectual property, energy and environmental law.
Mr. Eilbott is a Licensed Patent Attorney and is registered to practice before the U.S. Patent & Trademark Office. He has experience in a number of areas of intellectual property law, including patents, trademarks and copyrights, as well as in the related fields of trade secret, unfair competition and false advertising. He assists companies of all sizes, including Internet start-ups, in preparing and prosecuting trademark and patent applications, protecting intellectual property assets, and drafting intellectual property licenses. In the trademark area, he provides counseling on the selection, availability, use and protection of names, logos, slogans and designs, and representation in Internet domain name disputes. His experience includes counseling and litigation involving the registration and protection of trademarks and service marks, both domestically and internationally.
In the environmental area, Mr. Eilbott has extensive experience in all the major federal environmental statutes, including the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), the Toxic Substances Control Act (TSCA), the National Environmental Policy Act (NEPA), the Clean Air Act (CAA) and the Clean Water Act (CWA).
He has particular expertise on solid waste, hazardous waste and site cleanup issues arising under RCRA and CERCLA, and has been extensively involved in facility siting and permitting, U.S. EPA enforcement actions, compliance counseling with respect to the requirements for identifying, treating, storing, shipping, recycling and disposing of hazardous wastes, interpreting the land disposal restrictions and corrective action requirements, representation before EPA Headquarters, the EPA Regional Offices, and State environmental agencies, testifying at agency public hearings, commenting on behalf of industry on numerous rulemaking proposals, participation in EPA policy development committees, and litigation over EPA regulatory requirements and variances.
Mr. Eilbott has also been active in counseling and agency representation regarding PCB waste cleanup and management issues arising under TSCA, and Toxic Release Inventory (TRI) reporting requirements arising under the Emergency Planning and Community Right-To-Know Act. In addition, he provides advice and compliance counseling on the U.S. Department of Transportation’s Hazardous Materials Regulations, regarding the packaging, labeling, placarding, shipping paper preparation, accident reporting and other DOT requirements.
In the energy law area, he has worked on electric utility and Independent System Operator ratemakings and tariff amendments, complaint proceedings before the FERC and state courts, hydroelectric facility licensing, bulk power supply, transmission system reliability issues, interconnection agreements, contract negotiations, mergers and divestiture proceedings, and counseling on the FERC's open access transmission requirements and stranded cost recovery policies.
Prior to rejoining the Firm, Mr. Eilbott served for five years as Deputy General Counsel of the Environmental Technology Council (ETC), a Washington, D.C.-based national trade association of commercial hazardous waste management companies and contaminated site remediation contractors, and as in-house counsel for M4 Environmental Management, Inc., a high-tech radioactive waste and hazardous waste recycling company jointly owned by Lockheed Martin Corp. and Molten Metal Technology, Inc. He also spent three years as an associate in the environmental department of a large law firm in Washington, D.C., Piper & Marbury, where he was involved in federal court and administrative litigation in the environmental area.
- University of Pennsylvania, B.A. (Biology), 1983
- Washington College of Law, American University, J.D., 1986
- New York
- District of Columbia
- United States Supreme Court
- United States Court of Appeals for the District of Columbia
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the District of Columbia
- Registered to practice before the U.S. Patent & Trademark Office
- International Trademark Association
- American Bar Association
- The District of Columbia Bar
- "Combined Sewer Overflows: Legal and Liability Issues in Negotiating Permits," Water, Environment & Technology (Feb. 1992) (co-authored with John C. Hall, Esq.)
- "Changes Ahead for Hazardous Waste Disposal," Environmental Protection (May 1995)
- "EPA Reaches Sensible Compromise on Spent Fluorescent Lamps," Energy Efficiency Journal (Sept. 1999)
- "Protecting Your Software, Innovations and Ideas: The Basics on Intellectual Property Law," Energy Efficiency Journal (Nov. 1999)
- "Protecting Identities in a Branded World," Public Power (Sept.-Oct. 2000)